Supreme Court of Packilvania

Supreme Court of Packilvania
luKhama luMakhnifiya aBakhilfaniya (Packilvania)
Coat of arms of Packilvania
Established	December 31, 1985 (1985-12-31)
Jurisdiction	Packilvania
Location	Bingol, Packilvania
Motto	"luKhanon lusilam lubuvna luyubav lukumeen" (Packilvanian) "The law alone stands above all"
Appeals to	Sultan of Packilvania
Appeals from	High Courts of Packilvania
Judge term length	Life until 65 years of age
Number of positions	1 Chief Justice 20 Justices
Language	Packilvania
Chief Justice of Packilvania
Currently	Prince Radeeq a-Amhoud Bedon

The Supreme Court of Packilvania (Packilvanian: luKhama luMakhnifiya aBakhilfaniya) is the highest court in Packilvania, lying at the apex of the judiciary of Packilvania. The Constitution of Packilvania (luKhanongur aBakhilfaniya) established the Supreme Court and set out its powers and composition. The Judiciary of Packilvania Act (luKhanon aluKhanoniyat aBakhilfaniya) was passed by the Parliament of Packilvania in 1985 and signed by Sultan Amhoud I to give effect to the provisions of the Constitution pertaining to the Supreme Court. The act was amended in 1987 to create the Commission of Judicial Appointments(leKhomishayin aleTabad leQadimishme) which oversaw the appointment of judges and magistrates in the country including members of the Supreme Court and in 1998 to create the Commission of Judicial Discipline (luKhomishayin aluIndibat luQadimishme) which investigates cases against Justices of the Supreme Court.

Powers and duties

The Supreme Court has the power of judicial review. This entails reviewing laws to determine whether parts or their whole contradicts the Constitution. When the Supreme Court determines that a law is unconstitutional, the law is unenforceable. However the Supreme Court can stay the law being declared unconstitutional to give the Parliament and the Sultan time to amend the law to bring it in alignment with the Constitution or to pass a new law in its place that is in alignment with the Constitution.

Normally, the only way for the Supreme Court to determine if a law violates the Constitution is for a case to be brought on appeal on a question of constitutional law.

The Supreme Court is the final court to which appeals can be made. This means that a case that has already been tried in the High Court, the Supreme Court can receive and rule on the appeal. Technically, cases not pertaining to constitutional law that are presented to the Supreme Court can be appealed to the Sultan, but this power has never actually happened. Cases which are tried directly by the Sultan, normally cases against Princes, cannot be appealed to any other body, however the Sultan can refer cases that would otherwide be tried by him to the Supreme Court, in which case the Supreme Court can act as a court of first or second instance.

Appointment

The Commission for Judicial Appointments recommends at least 3 candidates for each vacant position on the Supreme Court to the Sultan who appoints them by decree. The Commission for Judicial Appointments advertises vacancies in the Supreme Court and sets out criteria for application. It receives the applications of prospective candidates and appraises their resumes and qualifications. It invites suitable candidates for several rounds of interviews.

Qualifications

A candidate for Justice of the Supreme Court is required to be a citizen of Packilvania either by birth or naturalisation. Before 2010, there were no constitutional or legislative requirements or qualifications for being a member of the Supreme Court and it was directed to prefer Princes of the Bedonite dynasty over other candidates. The Judiciary Act was amended in 2010 to grant the Commission of Judicial Appointments the power to regulate the nomination and criteria of candidates of the Supreme Court. The Regulations on the Qualifications of Justices of the Supreme Court, 2023 are the framing document and they prescribe the following minimum qualifications:

• The candidate must have a valid law degree issued by an accredited school of law in Packilvania, Drakkengard, or Allegheny
• The candidate must have served at least:
  • 12 years as an Advocate of the Supreme Court or,
  • 1 year as a Judge of the High Court
  • 18 years as an Advocate of the High Court
  • 18 years as a Professor of Law at an accredited school of law in Packilvania, Drakkengard, or Allegheny
  • 1 year as an Acting Justice of the Supreme Court

Restrictions based on gender were removed through the passage of the Judiciary Amendment Act, 2023 to allow women to serve on the Supreme Court, bringing the Supreme Court in alignment with the criteria for other courts in the country.

Impeachment and removal

The Commission for Judicial Discipline is responsible for investigating allegations of misconduct, gross incompetence or incapacity, and presenting a report to the Chairperson of the Legislative Council of Packilvania. The Chairperson is required to call a vote. A quorate sitting of the Legislative Council assesses the report and with a two-thirds majority can impeach a Justice of the Supreme Court. If the Legislative Council impeaches a justice, the Sultan of Packilvania is required to remove them from office.

Normally, the Commission only pursues charges against when a high threshold for both evidence and weight of the matter in question can be adequately presented by the complainants. In practice, this entails pursuing allegations concerned primarily with a failure by the judge to adhere to the Regulations on Judicial Ethics and Conduct which the Commission issues in terms of the Judiciary Act or by a grievous offence breaking the law of Packilvania.

After the defeat of the Packilvanian Communist Party in 1985, there has not been a single Justice of the Supreme Court to be removed from office. Only 2 justices, Ramed Soldook and Khenad Imhan have had impeachment formally proposed to the Legislative Council. Justice Ramed Soldook had charges brought against him in 1998 for allegedly perjuring himself during a trial in which he was a witness over 10 years prior. The Legislative Council voted 240 to 21 against the impeachment. Justice Khenad Imhan allegedly committed adultery against his wife in 1981 and had charges presented against him in 2001. The Legislative Council voted against the impeachment unanimously.

Tenure

The tenure of Justices of the Supreme Court of Packilvania ends when the following conditions are met: death, resignation, permanent incapacitation, and mandatory retirement at the age of 65. The Commission for Judicial Appointments issues a Proclamation of Permanent Incapacitation when a Justice has gone missing for over 1 year or suffers an illness or injury which makes it impossible for him to exercise his duties as a member of the judiciary.

In theory, the Sultan can refuse to accept the resignation of a Justice of the Supreme Court, however this has never happened. The mandatory retirement of Justices of the Supreme Court arose as part of amendments made in 2023 to the Judiciary Act as part of a set of reforms being implemented by Sultan Thumim V, but it does not apply to Justices who have already been appointed to their posts who have security of tenure until the criteria of their removal are met under the conditions of their employment as it stood as at their appointment.

Justices

Name	Appointed by	Position	Tenure
Prince Radeeq a-Amhoud Bedon	Namdun III	Chief Justice	February 1, 2001 (2001-02-01)
Duke Madvin Gurion of Adrien	Namdun III	Justice	June 30, 2003 (2003-06-30)
Duke Kaswal Mawad of Halaler	Namdun III	Justice	October 18, 2002 (2002-10-18)
Duke Ahumad Sahel of Mochtar	Namdun III	Justice	August 7, 1999 (1999-08-07)
Prince Ishak a-Harim Bedon	Namdun III	Justice	September 12, 1996 (1996-09-12)
Prince Zygros a-Idesh Bedon	Namdun III	Justice	May 22, 2015 (2015-05-22)
Marquis Sawad Wasail of Namdunshtar	Namdun III	Justice	November 19, 2007 (2007-11-19)
Marquis Habib Sawul of Ubran	Namdun III	Justice	June 28, 2009 (2009-06-28)
Prince Yashuv a-Juber Bedon	Namdun III	Justice	April 11, 2004 (2004-04-11)
Prince Ashaka a-Juber Bedon	Namdun III	Justice	October 31, 2012 (2012-10-31)
Duke Ashter Samoud of Zukaril	Amhoud II	Justice	February 1, 1988 (1988-02-01)
Duke Ilon Ustriel of Everyet	Namdun III	Justice	August 29, 1994 (1994-08-29)
Duke Dushad Xavaar of Lehasa	Namdun III	Justice	August 7, 1999 (1999-08-07)
Duke Loyaad Naweer of Akas Akil	Namdun III	Justice	December 31, 2017 (2017-12-31)
Duke Elam Chamba of Medayin	Namdun III	Justice	June 30, 2003 (2003-06-30)
Duke Folud Samayaan of Xahal	Namdun III	Justice	June 19, 2018 (2018-06-19)
Duke Bilal Iered of Kadaigard	Namdun III	Justice	June 30, 2015 (2015-06-30)
Duke Alawadun Mudawaheen of Seeharel	Namdun III	Justice	August 30, 1997 (1997-08-30)
Duke Shojo Ujhan of Kaliwad	Amhoud II	Justice	March 10, 1987 (1987-03-10)